Litigation

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Remembrance of Things Past: Can a Newly Enacted Statute Provide for a Retroactive Award of Attorney Fees?

When a bill becomes law in California, it generally operates prospectively, unless the Legislature specifically provides otherwise. A generally—but not universally—recognized exception exists, however, for new statutes authorizing an award of attorney fees. Some California appellate courts have approved the…

Judge Reading Documents At Desk In Courtroom

Are evidentiary rulings on summary judgment reviewed de novo or for abuse of discretion? More than a decade after Reid v. Google, it still depends whom you ask.

The first and most important issue in any appeal is the standard of review. For the last decade, however, California appellate courts have been split on how to review evidentiary rulings made in connection with a summary judgment motion. As…

What BASF’s Litigation Section Can Do For You

Whether it is taking advantage of the many Continuing Legal Education (CLE) events the Litigation Section offers, brushing up on your trial skills, getting updates on the state of the court, or networking at the annual Bench Bar Conference, most…

What Can Oral Argument Preparation Teach Us About Effective Briefing?

Tips for adapting your case to the judges’ and justices’ perspective While attorneys advocate, judges search for the right result. Here are three techniques for persuading judges by aiding them in their truth-seeking mission. First, channel your audience’s inner ‘scientist.’ Organizational…

Navigating the Complex World of Medical Liens

After months of hard work, you find out your client’s injury case has settled. You feel a huge sense of relief. Finally, the work is done and it will be smooth sailing from here on out. That is, until you…

Hiring Expert Witnesses

By John Allison, J.D., The Coach for Lawyers, LLC Expert witnesses can express opinions about matters within the scope of their expertise. They are indispensable in cases involving medical, scientific or technical issues. Expert witnesses who are able to explain…

San Francisco Superior Court Launches Pilot Judicial Settlement Program to Settle Larger, High-Exposure Cases

The San Francisco Superior Court is offering litigants a new Judicial Settlement Conference (JSC) program aimed at cases with an estimated 20 or more trial days, Presiding Judge Teri L. Jackson announced today. Presiding Judge Jackson has selected Judge Angela…

Risk Management Tip: Keep Invoices Bland

For generations California attorneys have understood the attorney-client privilege is an absolute shield against discovery. Case after case has broadly interpreted and reinforced the strength of the privilege. Three cases in 2016 demonstrated the continued force of this shield. In…

Anti-SLAPP: A Powerful Tool Against Third Party Claims

An unintended consequence of California’s Anti-Strategic Lawsuit Against Public Participation statute (Anti-SLAPP), C.C.P. § 425.16, is the protection afforded attorneys against claims by non-clients. Enacted in 1992, it was designed to protect free-speech activities against retaliatory lawsuits, but it also…

"No Sleeping on the Job!" California Supreme Court Rules Sleep Time Must be Compensated in Certain Industries

In Mendiola v. CPS Security Solutions, No. S212704 (Cal. January 8, 2015), the Supreme Court of California ruled that employers cannot exclude sleep time from wages during “on call” time by agreement between the employer and the employee unless a state wage order…

Meet Barristers Litigation Section Leader Evangeline Burbidge

Evangeline (“Evan”) Burbidge is an attorney at Lewis & Llewellyn, a San Francisco litigation boutique firm focusing on high-stakes civil cases. An active BASF member, she currently serves as a co-vice chair on the Executive Committee for the Barristers Litigation…

Post-Threat Analysis: SCOTUS reverses conviction in online threats case

On June 1, 2015, in Elonis v. United States, the U.S. Supreme Court ruled in a 7-2 decision that a Pennsylvania man’s conviction for posting threatening Facebook posts regarding his estranged wife was a reversible error. The Supreme Court held…

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